Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « South Dakota DUI Penalties
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- Laws requiring suspected DUI drivers to go under the breath, blood or urine testing for blood alcohol content is known as “implied consent laws”. If you refuse for it then you can have penalties like mandatory suspension of a driving license for an year.
Blood Alcohol Concentration (BAC)
If any driver have the blood alcohol concentration (BAC) above than 0.08 percent then he/she will be considered “per se intoxicated” under the law in South Dakota. According to this law only this evidence is enough for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
Zero tolerance laws in all states mainly focus on drivers not of legal drinking age. Any person under the age of 21 years operation motor vehicle with blood alcohol content 0.02 percent or above will be subjected to DUI penalties in South Dakota.
Enhanced Penalty Blood Alcohol Concentration
Some states are having severe punishments for the DUI convicted drivers who are having high blood alcohol level at the time of arrest; that is usually 0.15 to 0.20 percent above the legal limit. Enhanced penalty laws are not applicable in South Dakota.
Administrative License Suspension/Revocation Penalties
These are minimum mandatory penalties compulsory for drivers that are having blood alcohol concentration 0.08% or above in South Dakota. Driver can be subjected to implied consent laws if they refuse to submit to breath, blood, or urine test for blood alcohol content.
These penalties include suspension or revocation (temporarily or permanently) of the driver’s license by the DMV (Department of Motor Vehicles). For first DUI offense in South Dakota the mandatory suspension is for 90 days; for second offense it’s up to one year; for third offense, its three years.
Vehicle Confiscation
In some states vehicle confiscation penalty temporarily or permanently is valid, usually for repeat offenders. While in South Dakota this penalty is not valid.
Ignition Interlock
Ignition interlock is a device which is attached with the DUI offender’s vehicle and requires the offender to perform a breath test before starting the vehicle. This penalty for DUI conviction can be applicable in some states but in South Dakota this is not an option.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and prevention program, alcohol abuse treatment and appraisal of a person for possible drug or alcohol addiction can be required for DUI offenders in South Dakota. Such steps are usually recommended instead of severe punishments like imprisonment or paying fines.
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